Jill A. Pryor

She requires immigration adjudicators to perform the fresh reconsideration a regulation commands, including a concrete assessment of available family-reunification alternatives.

“When an asylum applicant is denied asylum but granted withholding of removal, 8 C.F.R. § 1208.16(e) requires reconsideration anew of the discretionary denial of asylum, including addressing reasonable alternatives available to the petitioner for family reunification.”

At summary judgment she requires evidence from which a reasonable jury could find retaliation or interference; sympathetic timing alone does not establish the claim.

“Nonetheless, he has offered no evidence from which a reasonable jury could conclude that his former employer engaged in FMLA retaliation or interference.”

She will not apply judicial estoppel on factual premises that the record does not support, even where a party has taken facially inconsistent positions.

“But these findings are clearly erroneous because they lack evidentiary support in the record.”

She distinguishes an independent negligence duty from the intentional act that followed it, allowing a tort claim to proceed when the government's separate breach caused the later harm.

“Instead, we hold that the intentional tort exception, § 2680(h), does not apply when an FTCA claim arises out of the government’s breach of an independent duty which, in turn, led to an excepted intentional tort.”